Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a rape victim is facing continuous threats from the alleged perpetrator due to deliberate inaction by the Paikgachha police in Khulna district, Bangladesh. It is alleged that the police’s inaction is due to bribery by the perpetrator, who is a very rich man in the area. The police have not yet arrested any of the suspects and deliberately delayed the medical examination on the victim. Beside this, the Paikgachha police did not arrest the alleged perpetrator despite having information from the victim regarding his whereabouts. The government authorities have still taken no action on this case. Meanwhile, the perpetrator was granted an anticipatory bail from a Bench of the High Court Division of the Supreme Court, even though the section under which the case was lodged is non-bailable for 60 days after the arrest of the perpetrator. The alleged rapist is now continuously threatening the victim.
Mr. Panchanan Mondol belongs to a very rich family in the area and reportedly has several records of adultery in different places. He used to tease his neighbour Mrs. Anita Rani Mondol now and then. On 23 July 2006 Mrs. Anita was sleeping in her house while waiting for her husband, who went out for his business. At around 11:00pm, Mr. Panchanan Mondol tiptoed into Mrs. Anita’s house and forcibly raped her. When she started shouting for help, her neighbours rushed to the scene, and her husband, who arrived at home by the time, caught Panchanan. However, Panchhanan’s brother, Mr. Krishnapado Mondol, and his associates, including Mr. Shivpado Mondol, Mr. Bhola Nath Mondol, and Mr. Bipul Mondol, soon arrived in the science. They then assaulted Mrs. Anita, her husband and their neighbours and took Panchanan away.
On the same night Mrs. Anita together with her husband and others went to the Paikgachha police station to lodge a complaint against Panchanan. At that time, the Officer-in-Charge (OIC), Mr. G M Enamul Haque, directed a female police officer to check Mrs. Anita’s body. The officer found semen on her petticoat and recorded her statement and took her thumbprint on a paper. The OIC then asked her to go back home assuring that he would handle this matter.
On the following morning (July 24), Mrs. Anita went to the Paikgacha Health Complex and informed the clinicians about incident and requested them to conduct a medical examination for her rape. The hospital authority then informed this to the Paikgachha police as such examination can be only conducted when a relevant case is registered at the police station. However, the examination could not be done because the Paikgachha police strangely did not record the First Information Report (FIR) about the incident despite the OIC’s assurance.
At around 8:30 pm, On July 25, the Paikgachha police officially recorded the FIR under section 9 (1) of the Women and Children Repression Prevention (Amendment) Act 2003 only after receiving strong intervention from a local human rights defender. On July 27 at around 1:00 pm, the police finally arranged a medical examination for Mrs. Anita at the Paikgachha Health Complex. But there is a great possibility that the examination result might be inconclusive as it was conducted almost four days after the incident due to the police’s deliberate inaction.
The Investigation Officer (IO) of this rape case (number: 15), Sub Inspector Mr. Moshinur Rahman, seized Mrs. Anita’s clothes and shoes as well as the torch of Panchanan. However, the police did not arrest him in violation of the section 9 (1) of the Women and Children Repression Prevention (Amendment) Act 2003 that mentions 60 days detention of any alleged perpetrators of rape. On the contrary, Panchanan managed to get an anticipatory temporary bail from a Bench of the High Court Division conducted by Justice Mr. Mohammad Abdur Rashid and Justice Mr. Mohiuddin Chowdhury on August 6. The judges further gave a direction not to harass Panchanan during the period of the police investigation.
After that, Panchanan began to threaten Mrs. Anita’s family and the witnesses of her case. According to the victim’s family, Mr. Panchanan threatened them to destroy the evidence of rape saying that he would get the investigator to submit a “Final Report” by bribing a huge amount of money. Mrs. Anita then lodged a petition on August 9 with the Upazilla Magistrate, Mr. Manik-har-Rahman, who sealed the evidence on August 15. Due to repeated threats from Panchanan, Mrs. Anita held a press conference at the Khulna Press Club on August 21 seeking help from the local government administration and the police.
Receiving pressure from the public, on August 25, the Superintendent of Police (SP) of the Khulna district, Mr. Moynul Islam along with the IO and other concerned officials visited Mrs. Anita’s house and interviewed her and the witnesses several times. However, they have failed to take any action to resolve the case. Instead, Panchanan is continuously threatening Mrs. Anita to take some money and withdraw the case against him. He further threatened the victim saying that he would get the police to submit the “Final Report” by bribing to the IO with over 100,000 Taka (USD 1,500) and kill her if she continues to pursue the case. It is alleged that Panchanan also threatens the case witnesses to make affidavits to divert the case toward a direction in favour of him.
The victim claims that IO is deliberately delaying to prepare the Charge Sheet against the alleged perpetrator despite all necessary evidence because of the temptation of getting money. As a result, no charges have been filed against the perpetrator by the police 50 days after the incident.
There are other instances raising suspicion that the IO, Mr. Mohshinur Rahman and the Paikgachha police are collaborating with Panchanan. For instance, the Paikgachha police did not arrest Panchanan even though Mrs. Anita’s family informed them the whereabouts of him and his associates. In another instance, a police constable namely Mr. Jalal came to Anita’s house and asked her to bring the witnesses to police station before 10:00 am on the following morning. Among the five witnesses of her case Mrs. Anita managed to ensure the presence of three of them while all of them are hand to mouth people. However, seeing the three witnesses the IO was angry with Anita and threatened her saying, “I would write in my report that the other witnesses are not available”. Mrs. Anita is afraid for the security of herself and her family as well as the witnesses due to constant threats from Panchanan and deliberate inaction by the police. People of the area worry that justice will never be given to the victim under the current circumstances.
ADDITIONAL COMMENT:
Police corruption is notorious in Bangladesh. Instead of upholding the law and order, extortion of money abusing their power has become a routine practice of the police and other law enforcement officers. The cases are merely the source of getting bribery from the suspects. As seen in this case, poor people have nowhere to go to seek justice while the perpetrators who are rich and powerful protected with impunity by the police after they have bribed them. This happens regardless the availability of the availability of necessary evidence.
Besides, there is no witness protection legislation or mechanism in Bangladesh even though the victims and witnesses often face tremendous amount of pressure or intimidation from the alleged perpetrators or even from the police sometimes. The victims’ rights again denied while their cases are dragged on and on for a long time due to non-functioning corrupt judiciary in the country. To see the collapse of the justice system of Bangladesh in detail, please see the special report titled “Lawless law enforcement and the parody of judiciary in Bangladesh” published by the AHRC’s sister organization, the Asian Legal Recourse Centre (ALRC) in August 2006 (Article 2, Vol. 5, No. 4).
SUGGESTED ACTION:
Please write to the relevant Bangladesh authorities listed below urging them to take prompt action to investigate the case as well as the misconduct of the Paikgachha police on this case. Please also urge them to investigate the allegation of police bribery and constant intimidation of the victim and witnesses by the perpetrator. Please also send your letters to the relevant UN agencies listed below.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Rape victim receives serious threats due to the alleged corruption of the investigating officer of the Paikgachha police in Khulna
Name of the victim: Mrs. Anita Rani Mandol, wife of Mr. Jamini Mondol, resides in Khaliar Chak village under the Paikgachha police station in Khulna district, Bangladesh
Name of the alleged perpetrators:
1. Mr. Panchanan Mondol (main suspect), son of the late Mr. Jitendra Nath Mondol
2. Mr. Krishnapado Mondol, alleged perpetrator 1's brother
3. Mr. Shivpado Mondol, son of Mr. Patiram Mondol, a relative of the alleged perpetrator 1
4. Mr. Bhola Nath Mondol, son of Mr. Patiram Mondol, a relative of the alleged perpetrator 1
5. Mr. Bipul Mondol, alleged perpetrator 1's son
(All the above five men live in Khaliar Chak village under the Paikgachha police station in Khulna district)
6. Mr. G M Enamul Haque, Officer-in-Charge (OC) of the Paikgachha police station in Khulna district
7. Mr. Mohshinur Rahman, Sub Inspector of Police attached to the Paikgachha police station in Khulna district. He is the Investigating Officer (IO) of the concerned case
Date of incident: 23 July 2006
Place of incidence: The victim's house in Khaliar Chak village under the Paikgachha police station in Khulna district
I am writing to draw your attention regarding a denial of justice to a rape victim due to alleged corruption by the Paikgachha police in Khulna district, Bangladesh.
According to the information I have received, Mr. Panchanan Mondol, who belongs to a very rich family in the area and reportedly has several records of adultery, tiptoed into the victim's house and forcibly raped her at around 11:00pm on 23 July 2006. At that time, her husband was not present at home as he was doing his business. Panchanan was caught by the neighbours who rushed to the scene upon hearing the victim's cry for help. However, Panchhanan's brother, Mr. Krishnapado Mondol, and his relatives mentioned above soon arrived at the scene, assaulted the victim and her husband, who had returned by then and took Panchanan away.
I was also informed that on the same night the victim together with her husband and others went to the Paikgachha police station to lodge a complaint against the perpetrator. A female officer, who checked the victim's body, found semen on her petticoat recorded her statement and took her thumbprint on a paper. The Officer-in-Charge (OIC), Mr. G M Enamul Haque also assured the victim that he would handle this matter.
However, till date the victim and her family suffer from deliberate inaction by the Paikgachha police into the incident. It is alleged that the police inaction is due to bribery from the perpetrator. Some instances of police inaction are as follows:
1. The Paikgachha police delayed to record the First Information Report (FIR) until 8:30pm on July 25 even though the victim gave her statement to the police station immediately after the incident on July 23. The police recorded the FIR under section 9 (1) of the Women and Children Repression Prevention (Amendment) Act 2003 only after a strong appeal from a local human rights activist.
2. The police also did not make any attempt to arrest the alleged perpetrator. In one instance, the Paikgachha police did not even try to arrest Panchanan although Mrs. Anita's family informed them the whereabouts of him and his associates.
3. On the morning of July 24, when the victim went to the Paikgacha Health Complex for the medical examination, the staff declined to do it on the ground that the police had not recorded the FIR until then. Due to the delay of recording the FIR by the police, medical examination for the victim was conducted at 1:00 pm on Just 27, four days after the incident at the Paikgachha Health Complex. As a result, the evidence was in great danger of being lost and through this act, the police indirectly influenced to weaken the medical evidence of the case.
4. To date, the Investigation Officer (IO) of the case (number: 15), Sub Inspector Mr. Moshinur Rahman, is delaying to prepare the Charge Sheet against the perpetrator. As a result, no charges have been filed by the police against Panchanan despite necessary evidence from the victim and witnesses. Beside this, one day when the victim went to the police station three out of the five witnesses of her case to give a statement, the IO was allegedly angry with the victim and threatened her saying, "I would write in my report that the other witnesses are not available".
5. On August 25, the Superintendent of Police (SP) of the Khulna district, Mr. Moynul Islam along with the IO and other concerned officials visited Mrs. Anita's house and interviewed Mrs. Anita and the witnesses several times. However, they have failed to take any action to resolve the case.
I was further informed that in the meantime the High Court Division granted an anticipatory temporary bail to Panchanan on August 6. Instead of upholding the victim's rights, the court reportedly gave a direction not to harass Panchanan during the period of the police investigation. This decision was made although rape is a non-bailable charge under section 9 (1) of the Women and Children Repression Prevention (Amendment) Act 2003 under which the FIR was recorded.
I am also gravely concerned for the security of the victim, her family and the case witnesses. As far as I was informed, the victim is facing constant intimidation from Panchanan who pressures her to withdraw the case against him. For instance, Panchanan threatened the victim to destroy the evidence of rape by bribing the investigator with over 100,000 Taka (USD 1,500) and kill her if she continues to pursue the case. The victim then lodged a petition on August 9 with the Upazilla Magistrate, Mr. Manik-har-Rahman, who sealed the evidence on August 15.
I was further informed that the witnesses also receive constant threats and attempts of bribery from Panchanan who pressure them to make affidavits to divert the case toward a direction in favour of him. Under the circumstances, the victim is afraid for the security of herself and her family as well as the witnesses. People of the area worry that justice will never be given to the victim under the current circumstances. They believe that the Paikgachha police, including the concerned IO were bribed by Panchanan.
In light of the above, I strongly request that you order a prompt, fair and thorough investigation into the alleged rape case, the ill-conduct of the Paikgachha police, and the allegation of police bribery. The alleged rapist must be prosecuted and brought to justice as soon as possible. Disciplinary and legal action must be taken against those officers who deliberately delayed the case despite necessary evidences. I also urge you to inquire about the alleged intimidation to the victim and witnesses from Panchanan. If it is proven true, the police should take proper action against Panchanan to stop it. I further urge you to ensure the security of the victim, her family and witnesses who are under serious intimidation from the perpetrator during the investigation period. Lastly, I urge the Bangladesh government to introduce witness protection legislation and set up an effective witness protection mechanism to provide effective justice to the victims.
I look forward to your urgent intervention in this matter.
Yours sincerely,
---------------
PLEASE SEND LETTER TO:
1. Mrs. Begum Khaleda Zia
Prime Minister
The Government of the Peoples' Republic of Bangladesh
Office of the Prime Minister
Old Parliament House,
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490
2. Mr. Md. Lutfuzzaman Babar
State Minister
The Ministry of Home Affairs
Government of the Peoples Republic of Bangladesh
The Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7169069 (O) or 8359000 (R)
Fax: +88-02-7160405, +88-02-7164788
3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562792
Fax: +88-02-9565058
4. Mr. A J Mohammad Ali
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +88-02-9562868
Fax: +88-02-9561568
5. Mr. Anwarul Iqbal
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +88-02-9562054 or 7176451 or 7176677
Fax: +88-02-9563362 or 9563363
6. Mr. Mezbah-un-Nabi
Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Tel: +88-041-761823 (O)
Fax: +88-041-761300 (O)
7 Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
